We are now firmly in the festive period, and many employees are looking forward to celebrating and seeing out the year with their colleagues – but things can go wrong.
Inappropriate behaviour and sexual harassment have no place in the office, and this extends to Christmas parties and other informal social occasions where alcohol is served.
Understanding your legal rights concerning sexual harassment at work Christmas parties is essential to ensure your safety and knowing you can take appropriate action if you encounter inappropriate behaviour from a colleague.
What constitutes sexual harassment?
The Equality Act 2010 defines sexual harassment as “unwanted conduct of a sexual nature” that “violates dignity” or “creates an intimidating, hostile, degrading, humiliating or offensive environment”.
This can encompass various forms of behaviour, including comments or intrusive questions, as well as physical touch or assault.
It is important to note that behaviour does not need to cause physical harm or danger to be considered harassment.
An informal atmosphere or alcohol may lower inhibitions, but they are never excuses for sexual harassment.
The Act prohibits sexual harassment in the workplace by anyone, regardless of their position – whether they are more junior, senior, or a peer.
Do Christmas parties fall under ‘the workplace’?
Yes. Christmas parties are organised by an employer and are, therefore, classed as an extension of the workplace, meaning the law is applied the same, whether it is in an office or an informal setting.
This means employers and employees must create a safe environment and behave professionally and appropriately.
The act also stipulates that employers need to take ‘reasonable steps’ to avoid sexual harassment in the workplace and support those who report it.
What action should be taken in the case of an incident?
Employers have a legal obligation to address sexual harassment when it is reported to them if it has happened at a work event.
The incident must be reported to the appropriate person, whether it is your supervisor, a trusted senior staff member, or a dedicated HR representative.
Your employer is obligated to investigate your complaint and take necessary actions to ensure your safety and the safety of future events.
In October, the Government introduced a new act – The Worker Protection (Amendment of Equality Act 2010) Act 2023 – which requires employers to be proactive and anticipatory to prevent their workforce from being subjected to sexual harassment, including third parties. Employers found to be in breach of the new duty will be punished with the potential of a 25% uplift in compensation and could find themselves investigated by the EHRC.
You cannot be dismissed for reporting sexual harassment. If you are, it may be considered unfair dismissal. According to the Equality Act, this could be automatically deemed as unfair dismissal, which means you might not need to have two years of service before making a claim.
Make sure to keep a record of any incidents if possible, as this will help in demonstrating harassment.
If you have experienced sexual harassment at work and feel you have not been listened to appropriately, please contact our team.
